The Harvard Crimson‘s Xi Yu has a good article today about the Tenenbaum case and its prospects on appeal. She kindly asked me for my thoughts on the case’s future. I want to expand a bit on how I see fair use. (Ah, yes, a “clarification” – I haven’t felt so much like a politician […]

The Joel Tenenbaum – RIAA case has produced a terrific opinion by Judge Nancy Gertner of the District of Massachusetts. (Hat tip: Ray Beckerman.) This is the most thoughtful, balanced, and insightful copyright opinion I’ve read in years. Its treatment of fair use is nuanced and careful, and it is required reading for anyone who […]

My article Cybersieves is now available in the Duke Law Journal. The team at Duke did a superb job editing and improving the piece, and I’m grateful. The abstract is: This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China’s […]